Federal law generally determines intellectual property rights while publicity rights including image and likeness are determined by states.
The selling of the musical works of a deceased musician often brings little money while publicity rights have considerably more value which creates unique planning issues, according to IP Watchdog in “How do Estates Monetize Images and Intellectual Property of Dead Celebrities?”
Unlike copyrights which are the subject of federal laws and the same everywhere in the U.S., publicity rights are a matter of state law. Their scope changes from jurisdiction to jurisdiction. A deceased celebrity who lived in Florida may leave an estate with very different publicity rights than a deceased celebrity who resided in New York.
Virtually every jurisdiction in the U.S. does recognize publicity rights, but the details vary. Some foreign jurisdictions, such as the United Kingdom, do not recognize the rights at all.
Estate planning is important but it is also important to choose the right estate planning attorney who is familiar with the laws of your state.
Reference: IP Watchdog (Aug. 10, 2016) “How do Estates Monetize Images and Intellectual Property of Dead Celebrities?”
